She said that when she passed brochures to her downlines, and spoke to them about SureWin4U and how she considered in it, that was different from what Ken and Sally did to her, mainly because she was genuine plus they were dishonest.
196 Sandra’s closing submissions usually do not go that far: she won't say that every one members owe one another a duty of care, or that previously individuals owe later contributors a responsibility of treatment, or that individuals that produced money owe those that shed money a responsibility of care; instead, she seeks to put Ken, Sally, and Sebastian over a pedestal to be able to impose a duty of treatment on them.
It is much more probably that a number of of them intentionally didn't keep messages through the time they had been associated with SureWin4U. But why? And what ought to the court docket do now that the messages are certainly not obtainable as proof?
The drawing of the adverse inference, no less than in civil instances, should not be made use of being a system to shore up glaring deficiencies in the other social gathering’s scenario, which on its own is not able to meet up with up into the requisite load of evidence. Rather, the technique exists so as to render the situation in the bash towards whom the inference is drawn weaker and so significantly less credible of perception.
98 Sandra attributes many representations to Ken and Sally, but none of them (nor all of them taken alongside one another) amount of money to some illustration that SureWin4U was “safe and rewarding” within the perception of your scheme getting genuine, not a scam.
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(b) The Wans admitted which they never ever carried out any research or valuation over the US properties.
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She states it absolutely was also fairly predicted that she would trust in Sebastian’s information as he was Ken and Sally’s agent (so she promises).
I discover that in equivalent vein, the title in the fourth defendant corporation was transformed from “SW4U” to “Strategic Prosperity” to dissociate it (with its initial title currently being “SW4U”) from SureWin4U.
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157 Thinking about the evidence regarding the Assembly with Peter Ong in Macau, in the context of the rest of the evidence In this instance, I do not see that Ken and Sally had conspired with SureWin4U and/or the Ong brothers (or possibly of them) to defraud or injure Sandra.
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forty two These representations were being additional addressed in Sandra’s oral closing submissions, in conjunction with slide 38 of the slides introduced within the Listening to, which I contemplate in higher detail afterwards.